Excerpt: ..., Inc., Mt. Diablo Paper Stock, Inc., Oakley Disposal Service, Inc., Pittsburg Disposal & Debris Box Service, Inc. and Rio Vista Sanitation Service, Inc. (the “Corporate Defendants”) filed a demurrer to the complaint. Defendants Silvio Garaventa, Jr., Louisa Binswanger and Marie Adler filed joinders to the demurrer. Plaintiff Joseph Garaventa opposed the demurrer and Plaintiff Linda Garaventa Colvis filed a joinder to that opposition. The dem...

Excerpt: ...h the first directive, and the LWDA has not commented on the settlement. With respect to the second directive, the parties have responded with a declaration stating that the settlement allocation is based on “Plaintiff's willingness to provide a general release with a 1542 waiver thereby precluding plaintiff from raising other employment issues in the future; 2) since the case had been actively litigated for almost two years, the risk that plai...

Excerpt: ... for “actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” Where, as here, the tactic or action is the filing of a motion, the party seeking sanctions must serve, but not file, the motion for sanctions, and give the other party 21 days to withdraw the motion. (C.C.P. § 128.5(f)(1)(B).) AUSD did so. XL did not withdraw the demurrer. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMEN...

Excerpt: ... these are the only causes of action in which defendant Seterus is named, defendant shall prepare a proposed judgement of dismissal, separate from any formal order on the demurrer, and shall submit that proposed judgment to plaintiffs for approval as to form. The basis for this ruling is as follows. A. The Fifth Cause of Action. The Fifth Cause of Action is for slander of title. The Court sustains defendant's demurrer to this cause of action on t...

Excerpt: ... out of the same transaction or series of transactions as the arbitration, and (2) there is a possibility of conflicting rulings on common issues of law or fact. See CCP Section 1281.2(c). Under California law, the court has significant discretion where (1) pending litigation between the parties involves overlapping non‐arbitrable issues, or (2) pending litigation between either party and a third party involves issues of law or fact common to t...

Excerpt: ...fton Huffmaster, Falin Minetto and Daniel Minetto, Carla Cayson, Amani Hoopes, Heather and Hector Ochoa, and Marc and Stephanie Wong (collectively “Proposed Plaintiffs”). Plaintiffs move pursuant to Code of Civil Procedure § 473 and 576, and Rule 3.1324 of the California Rules of Court on the grounds that the First Amended Complaint “is necessary and proper, will not prejudice any defendant, is timely pursuant to prelitigation requirements...

Excerpt: ...o amend the First Amended Complaint. Accordingly, the Court will not grant leave to amend, unless plaintiff so requests and makes the appropriate showing needed. The basis for this ruling is as follows. A. The First Cause of Action. The Nature of Plaintiff's Theory. The First Cause of Action is labeled as one for breach of the implied covenant of good faith and fair dealing. However, plaintiff appears to be relying on both the breach of an expres...

Excerpt: ...sanction order, and in turn that plaintiffs be sanctioned $2,950. She states that she does not own the property, because it is owned by the Start Wars Revocable Living Trust, the beneficiaries of which are minor children. She also states that Plaintiffs were aware of this before they placed a lien on the property. Finally, she states that the sanction award of October 24, 2017, should not have been granted. CONTRA COSTA SUPERIOR COURT MARTINEZ, C...

Excerpt: ... demurrer is sustained on the ground Petitioner/Plaintiff failed to allege facts sufficient to state a cause of action. (CCP § 430.10(e). Background Facts Petitioner/Plaintiff Peter J. Nowicki was a Fire Chief of the Morag‐Orinda Fire District. Petitioner's employer participated in the Contra Costa County Employees' Retirement Association (“CCCERA”), a public employees' retirement system. In compliance with his employment agreement, Nowick...

Excerpt: ...0836 CASE NAME: REILAND VS. JOHN MUIR HEALTH HEARING ON MOTION TO COMPEL COMPLIANCE WITH SUBPOENAS FILED BY CEP AMERICA ‐ CALIFORNIA * TENTATIVE RULING: * First, the matter does not appear to be exempt from the Discovery Facilitator Program. While that program exempts “[m]otions necessitated solely by a third party's refusal to comply with a subpoena[,]” (Local Rule 3.300(c)), this motion concerns Plaintiff's objections, not a third‐party...

Excerpt: ...vides for indemnity by Reco to AFC is identified. As to equitable indemnity, there can be no equitable indemnity unless AFC has tort liability to KMS. (Prince v. Pacific Gas & Electric Co. (2009) 45 Cal.4th 1151, 1157‐1158.) AFC asserts that there may be implied contractual indemnity, but AFC has no contract of any sort with Reco. The third cause of action for declaratory relief is wholly derivative of the first and second causes of action for ...

Excerpt: ...ixing, in the settlement agreement, an allocation between economic and non‐ economic damages. Defendant County's objection is moot, because the settlement agreement does not attempt to fix such an allocation. (Supplemental Diestel Dec., ¶ 5.) This is a matter that the Court would decide post‐trial. (Rashidi v. Moser (2014) 60 Cal.4th 718, 722 [“when a pretrial settlement does not differentiate between economic and noneconomic losses, a pos...

Excerpt: ...ought within two years. There is no evidence that any exception applies. At the initially set hearing on this matter, plaintiff had submitted relevant argument, but it was not supported by a proper declaration. The court continued the matter to January 8, 2018, to enable plaintiff to submit a proper declaration and allowed defendant a reply. Plaintiff has provided a declaration. In that declaration, he states that he went to the clerk's office on...

Excerpt: ...018. Any amended complaint shall comply fully with the conditions on leave to amend set forth in Parts B and C of this ruling below. Defendant's motion is granted without leave to amend, as to the Fifth Cause of Action for “Injunction.” However, this aspect of the Court's ruling shall not prohibit plaintiffs from alleging facts supporting a claim for injunctive relief within the body of other causes of action, and seeking injunctive relief in...

Excerpt: ...��) filed by Cross‐Plaintiff Jordan Bradshaw (“Cross‐Plaintiff” or “Bradshaw”). The CC alleges a single cause of action for unfair business practices in violation of Cal. Bus. & Prof. Code § 17200. Safety Environmental demurs to this claim pursuant to Code Civ. Proc. § 430.10(e) on the grounds that Bradshaw has not alleged sufficient facts regarding Safety's alleged wrongdoing, has not alleged sufficient facts regarding his standing...

Excerpt: ...amendment could remedy the defects.” (Dalton v. East Bay Mun. Utility Dist. (1993) 18 Cal.App.4th 1566, 1570‐1571.) The burden is on the Plaintiff to establish the reasonable possibility that the defect is curable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Plaintiff has failed to show how the defects are curable. As an initial matter, the Court notes that Plaintiff Nowicki's “Opposition” does not address the deficiencies raised by the ...